Senate Passes Appropriations Bill Restricting U.S. Military
Assistance to Indonesia
Conditions Include Bringing Human Rights Violators to Justice, Return of
Displaced Persons to East Timor

19 November 1999 -- This evening, the U.S. Senate linked restoration of
U.S. military assistance to Indonesia to substantial progress in
prosecuting members of the Indonesian armed forces and militia members
responsible for the extensive destruction in East Timor following the
overwhelming pro-independence vote.

The Omnibus/DC Appropriations Conference Report (HR
3194), passed by the House of Representatives on Thursday, would
restrict military assistance until East Timorese forcibly displaced to
West Timor and other parts of Indonesia return home. Indonesia must also
take "effective measures to bring to justice" members of the
Indonesian military involved in "aiding or abetting militia
groups" and members of the military and militias involved in human
rights violations. Military aid is also conditioned on Indonesia assisting
in investigations of human rights violations by the Indonesian military
and its militias and preventing further militia attacks.

The East Timor Action Network/U.S. (ETAN) praised the congressional
action which took place as two high Clinton administration officials,
Ambassador to the United Nations Richard Holbrooke and Assistant Secretary
of State for East Asian and Pacific Affairs Stanley Roth prepared to visit
Indonesia and East Timor.

"This bill makes clear that the U.S. Congress intends to maintain
pressure on the Indonesian military and government until East Timorese
refugees have returned and a peaceful transition to independence is
achieved," said Lynn Fredriksson, Washington Representative of the
ETAN/U.S.

The appropriations bill would bind into law for Fiscal Year 2000 much
of the Clinton administration's temporary ban on military assistance to
Indonesia first announced in early September as the Indonesian military
and its militias began their scorched earth campaign in the wake of East
Timor's August 30 vote for independence. President Clinton has said he
will sign the bill.

"Indonesia's new president has said he wants to see the refugees
return. He also wants to establish good relations with East Timor.
Continued U.S. pressure on the Indonesian military will help achieve these
goals," said Fredriksson. "Investigating and prosecuting those
responsible for the destruction of East Timor can only help build
democracy in Indonesia. Bans on military assistance should remain in place
until there are fundamental changes in the Indonesian military, including
an end to human rights abuses in Indonesia itself," she added.

The appropriations bill also increases Economic Support Funds for the
Agency for International Development (USAID) by $168.5 million. ETAN is
encouraging the administration to utilize a significant portion of this
money to aid reconstruction in East Timor.

Two additional provisions of the bill deal with military training. One
requires a detailed report of all overseas military training for foreign
militaries past or planned by the Pentagon. This provision resulted from
controversy over the Joint Combined Exchange Training program (JCET) of
the Indonesian military, which members of Congress, including Rep. Lane
Evans (IL), and ETAN exposed last year. A second provision continues the
ban on International Military Education and Training (IMET) aid to
Indonesia, which has been restricted since 1992. The bill also affirms
current law by retaining the ban on Indonesia's use of U.S.-supplied
weapons in East Timor.

Key leaders in congressional efforts to maintain restrictions on the
Indonesian military and to support East Timor include Senators Patrick
Leahy (VT), Russell Feingold (WI) and Tom Harkin (IA) and Representatives
Patrick Kennedy (RI), Nita Lowey (NY) and Chris Smith (NJ).

Over 200,000 East Timorese remain in West Timor and other parts of
Indonesia; most against their will. On Friday, the UN High Commission for
Refugees (UNHCR) said that militia activity is forcing its staff to mount
"commando-style snatch-and-run" operations in West Timor to help
East Timorese refugees return home. On Thursday, it reported that militias
attacked a UNHCR convoy, injuring at least two refugees. Indonesian police
stood by as the attack took place.

The East Timor Action Network/U.S. was founded in November 1991,
following the massacre of more than 271 peaceful demonstrators in Dili,
East Timor. ETAN supports genuine self-determination and human rights for
the people of East Timor. ETAN has 27 local chapters throughout the U.S.

INTERNATIONAL MILITARY EDUCATION AND TRAINING For necessary expenses to
carry out the provisions of section 541 of the Foreign Assistance Act of
1961, $50,000,000, of which up to $1,000,000 may remain available until
expended: Provided, That the civilian personnel for whom military
education and training may be provided under this heading may include
civilians who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further, That funds
appropriated under this heading for grant financed military education and
training for Indonesia and Guatemala may only be available for expanded
international military education and training and funds made available for
Guatemala may only be provided through the regular notification procedures
of the Committees on Appropriations:

2. Prohibition on U.S. weapons use (by Indonesia) in East Timor Renewed
and Report on Indonesian Officers and Units Deployed and Involved in
Recent Violence in East Timor

LIMITATIONS ON TRANSFER OF MILITARY EQUIPMENT TO EAST TIMOR Sec. 565.
In any agreement for the sale, transfer, or licensing of any lethal
equipment or helicopter for Indonesia entered into by the United States
pursuant to the authority of this Act or any other Act, the agreement
shall state that the items will not be used in East Timor.

Sec. 565. Limitations on transfer of military equipment to East Timor
The conference agreement includes language from the Senate amendment that
requires that in any agreement for military assistance or sales a
statement shall be included that the items will not be used in East Timor.
The House language included a proviso that stated nothing in this section
shall be construed to limit Indonesia's inherent right to self-defense as
recognized under the UN charter and in international law, and that
military sales, assistance, or lease agreements include the statement that
the United States `expects' that the military assistance will not be used
in East Timor.

The conferees direct the Secretary of State, in consultation with the
Secretary of Defense and other appropriate agencies, to submit a report to
the Committees on Appropriations not later than February 1, 2000,
identifying all Indonesian commanding officers and units deployed in East
Timor during 1999, and providing any available information linking those
officers and units to the violence prior to and after the August 30, 1999
referendum in East Timor. Such report may be provided in classified form,
if appropriate.

3. New Provision Locks in U.S. Military Restrictions on Indonesia until
Six Conditions on East Timor are Met Note: The ban includes not only IMET,
but E-IMET, and Foreign Military Financing (FMF) includes all grants and
loans to subsidize weapons transfers to Indonesia!

INDONESIA Sec. 589. (a) Funds appropriated by this Act under the
headings `International Military Education and Training' and `Foreign
Military Financing Program' may be made available for Indonesia if the
President determines and submits a report to the appropriate congressional
committees that the Indonesian government and the Indonesian armed forces
are--

(1) taking effective measures to bring to justice members of the armed
forces and militia groups against whom there is credible evidence of human
rights violations;

(2) taking effective measures to bring to justice members of the armed
forces against whom there is credible evidence of aiding or abetting
militia groups;

(3) allowing displaced persons and refugees to return home to East
Timor, including providing safe passage for refugees returning from West
Timor;

(4) not impeding the activities of the International Force in East
Timor (INTERFET) or its successor, the United Nations Transitional
Authority in East Timor (UNTAET);

(5) demonstrating a commitment to preventing incursions into East Timor
by members of militia groups in West Timor; and

(6) demonstrating a commitment to accountability by cooperating with
investigations and prosecutions of members of the Indonesian armed forces
and militia groups responsible for human rights violations in Indonesia
and East Timor.

589. Indonesia The conference agreement includes new language that
conditions the obligations of funds appropriated by this Act under the
headings `International Military Education and Training' and `Foreign
Military Financing Program' on a Presidential determination and report to
Congress that the Government of Indonesia and the Indonesian Armed Forces
are meeting specified criteria regarding accountability for past acts and
ongoing activities in Indonesia and East Timor. 589. Indonesia

The conference agreement includes new language that conditions the
obligations of funds appropriated by this Act under the headings
`International Military Education and Training' and `Foreign Military
Financing Program' on a Presidential determination and report to Congress
that the Government of Indonesia and the Indonesian Armed Forces are
meeting specified criteria regarding accountability for past acts and
ongoing activities in Indonesia and East Timor.

4. Military Training Requirements Expanded Since Last Year's (after the
JCET exposure) FOREIGN MILITARY TRAINING REPORT Sec. 575. (a) The
Secretary of Defense and the Secretary of State shall jointly provide to
the Congress by March 1, 2000, a report on all military training provided
to foreign military personnel (excluding sales, and excluding training
provided to the military personnel of countries belonging to the North
Atlantic Treaty Organization) under programs administered by the
Department of Defense and the Department of State during fiscal years 1999
and 2000, including those proposed for fiscal year 2000. This report shall
include, for each such military training activity, the foreign policy
justification and purpose for the training activity, the cost of the
training activity, the number of foreign students trained and their units
of operation, and the location of the training. In addition, this report
shall also include, with respect to United States personnel, the
operational benefits to United States forces derived from each such
training activity and the United States military units involved in each
such training activity. This report may include a classified annex if
deemed necessary and appropriate.

(b) For purposes of this section a report to Congress shall be deemed
to mean a report to the Appropriations and Foreign Relations Committees of
the Senate and the Appropriations and International Relations Committees
of the House of Representatives.

SEC. 1307. ANNUAL FOREIGN MILITARY TRAINING REPORT. Chapter 3 of part
III of the Foreign Assistance Act of 1961 (22 U.S.C. 2401 et seq.) is
amended by inserting after section 655 the following:

SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT. `(a) Annual Report:
Not later than January 31 of each year, the Secretary of Defense and the
Secretary of State shall jointly prepare and submit to the appropriate
congressional committees a report on all military training provided to
foreign military personnel by the Department of Defense and the Department
of State during the previous fiscal year and all such training proposed
for the current fiscal year. `(b) Contents: The report described in
subsection (a) shall include the following:

`(1) For each military training activity, the foreign policy
justification and purpose for the activity, the number of foreign military
personnel provided training and their units of operation, and the location
of the training.

`(2) For each country, the aggregate number of students trained and the
aggregate cost of the military training activities.

`(3) With respect to United States personnel, the operational benefits
to United States forces derived from each military training activity and
the United States military units involved in each activity.

`(c) Form: The report described in subsection (a) shall be in
unclassified form but may include a classified annex. `(d) Availability on
Internet: All unclassified portions of the report described in subsection
(a) shall be made available to the public on the Internet through the
Department of State.

`(e) Definition: In this section, the term `appropriate congressional
committees' means--

`(1) the Committee on Appropriations and the Committee on International
Relations of the House of Representatives; and

`(2) the Committee on Appropriations and the Committee on Foreign
Relations of the Senate.'.

ANNUAL MILITARY ASSISTANCE REPORT

Section 1306 expands and clarifies the information relating to military
assistance and military exports that the President is required to transmit
to Congress each February 1, pursuant to section 655 of the Foreign
Assistance Act of 1961. Currently, this report includes information about
the International Military Education and Training (IMET) program, but not
about other military education and training activities that the United
States conducts with foreign countries. It is intended that future reports
include information about activities under Title 10 of the U.S. Code, such
as the Military-to-Military Contacts Program (MMCP) and the Joint Combined
Exchange Training (JCET) program. This provision is not intended, however,
to cover joint military exercises or NATO operations.

Section 1306 also requires separate identification of defense articles
furnished with the financial assistance of the U.S. government, such as
Foreign Military Financing loans and U.S. government-backed loan
guarantees. These items are currently grouped together with commercial
sales. Finally, the provision requires that the report be published in
unclassified form on the internet through the State Department.

5. Several Appropriations for Use for East Timor: These include several
general mentions of support, funding for U.S. participation in INTERFET,
funding for Peacekeeping, $25 million in USAID for East Timor, and
$500,000 for the next two years for scholarships for East Timor.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES ... The
conference agreement includes additional resources, which may be applied
to additional assessments subject to reprogramming requirements. The
conferees are aware that additional assessments are expected in fiscal
year 2000 for new and expanded peacekeeping missions, including those in
Kosovo, Sierra Leone and East Timor.

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 667,
$25,000,000, to remain available until September 30, 2001, which sum shall
be available for the Office of the Inspector General of the Agency for
International Development.

Other Bilateral Economic Assistance

ECONOMIC SUPPORT FUND ...That of the funds appropriated under this
heading, not less than $25,000,000 should be made available for assistance
for East Timor:

TITLE V--GENERAL PROVISIONS Southeast Asia The conference agreement
does not include reservations of specific minimum funding allocations for
Indonesia as proposed by the Senate. The House bill did not address this
matter.

The managers support the highest possible level of assistance to
promote the economic recovery of the Philippines, Thailand, and Indonesia
from the Asian financial crisis. Effective support for private investment,
better governance, and less corruption in these countries should be given
a higher priority in development assistance and Economic Support Fund
allocation decisions. The Accelerated Economic Recovery in Asia and United
States-Asia Environmental Partnership programs should be augmented by
specific efforts to retain existing major United States private sector
investments in the region, especially in the infrastructure sector. ...

The managers encourage support for the democratic transition now
underway in Indonesia. The managers recognize that humanitarian and
economic assistance from many nations will be needed to enable East Timor
to recover from the violence and destruction perpetrated by
anti-independence forces following the referendum of August 30, 1999. The
recovery of East Timor will also depend on the cooperation of its
Indonesian neighbors. The conference agreement provides that not less than
$25,000,000 from the `Economic Support Fund' account should be made
available for a United States contribution to the recovery of East Timor.

SEC.104. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS. ... (iii) East Timorese scholarships: Of the amounts authorized
to be appropriated under clause (i), $500,000 for the fiscal year 2000 and
$500,000 for the fiscal year 2001 is authorized to be available for `East
Timorese Scholarships'.

TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE Administration of Foreign Affairs

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS The conference agreement
includes $205,000,000 for Educational and Cultural Exchange Programs of
the Department of State, instead of $175,000,000 as proposed in the House
bill and $216,476,000 as proposed in the Senate bill. The conference
agreement also provides that not to exceed $800,000 may be credited to
this appropriation from fees and other payments.

The availability of significant carryover and recovered funds in this
account is noted, and the Department is directed to submit a proposed
distribution of the total resources available under this account no later
than December 31, 1999, through the normal reprogramming process. The
conferees intend that the distribution of funds under this account shall
support, to the maximum extent possible, Fulbright Scholarship Programs,
Humphrey Fellowships, educational advising and counseling, Citizen
Exchange Programs, Pepper Scholarships, the Regional Scholar Exchange
Program, the Disability Exchange Clearinghouse, the National Youth Science
Camp, and exchanges with Tibet, the South Pacific, and East Timor.

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